Law and Media Round Up – 12 November 2018 [Updated]

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On 13 and 14 November 2019 the Supreme Court (Lords Kerr, Wilson, Sumption, Hodge and Briggs) will hear the appeal in the most important defamation case if the year – Lachaux v Independent Print. The Court will consider the meaning of “serious harm” under section 1(1) of the Defamation Act 2013.

The appeal is against the decision ([2017] EWCA Civ 1334) of the Court of Appeal (MacFarlane, Davis and Sharp LJJ) against the decision of Warby J on preliminary issues ([2015] EWHC 2242 (QB)). The Grounds of Appeal can be found here [pdf]. The Medial Lawyers Association have been given leave to intervene by way of written submissions. We had a case preview from Mathilde Groppo last week. The case can be watched live on the Supreme Court’s website.

On Wednesday 7 November 2018 DMCS Committee held another evidence session in its ongoing investigation into tackling fake news. The oral evidence which was given can be found here [pdf].

The Press Gazette has a summary of the evidence given by Information Commissioner Elizabeth Denham which includes calls for the implementation of an internet-oriented regulatory framework.

Following Lord Hain’s recent circumvention of an interim injunction using parliamentary privilege the issue has become topical. On Thursday 8 November 2018 House of Commons Speaker John Bercow invoked parliamentary privilege, pursuant to section.34(3) of the Freedom of Information Act, to block a journalists request for information in relation to allegations of bullying against MP Keith Vaz. The Press Gazette reports.

Following an interview of Stephen Yaxley-Lennon, Founder of the English Defence League, on Sky News Ofcom has received over 3,000 complaints of bias and inaccuracy however will not investigate the broadcast, the Press Gazette reports.

Public interest group Privacy International (PI) has been increasingly active. PI has provided guidance for individuals to enable them to more easily control how companies utilize their data. As part of the campaign PI has filed complaints against Acxiom, Equifax, Experian, Criteo, Oracle, Quantcast and Tapad. The rationale for the filings can be found here.

PI also posted an article focusing on how adverting companies use data collection and data commoditisation.

E.S. v Austria, a highly significant European Court of Human Rights case has been covered by Strasbourg Observers. The case found that, in some instances, Austria could legitimately curb free speech to protect the feelings of religious believers.

The Press Gazette has reported that IMPRESS may split in the next three years with the view to broadening the remit of its services to include elements such as pro bono work.

Two complaints lodged against a BBC documentary covering the Manchester Arena bombing have been upheld.

The Daily Mail has apologised to Treasury Counsel Alison Morgan following its publication an article implying she was facing criticism for selecting charges in the prosecution of cricketer Ben Stokes. In fact, it is the CPS who holds authority over charging decisions. Morgan’s solicitors, Brett Wilson LLP, have commentary on the case.

IPSO

Rulings

Three rulings and a resolution statement have been published by IPSO’s Complaints Committee this week:

On 5 November 2018 there was a statement in open court in the case of His Highness Prince Moulay Hicham Ben Abdullah Al Alaoui of Morocco v Elaph Publishing Ltd. A Press Release from the claimant’s solicitors followed by the Statement in Open Court can be found here.

Last Week in the Courts

On 8 November 2018, Warby J handed down judgment in Price v MGN Limited[2018] EHWC 3014 (QB), finding that the words complained of bore the claimant’s pleaded meaning and dismissing the defendant’s application for summary judgment and strike out. There was a report about the decision in the Press Gazette.

In the Geoffrey Rush defamation trial the Judge has refused the defendant permission to rely on the evidence of “Witness X”. After a trial lasting two and a half weeks closing submissions began on Wednesday. The Guardian has a report.

In an INFORRM post Hugh Stephens considers the implications for copyright law due to legislating for internet regulation.

The Times of India has an article featuring a recent High Court defamation case which found that referring to a man as “impotent” is defamatory in certain contexts.

Myanmar

Reuters have launched an appeal in a bid to free its journalists who are serving a seven year sentence for breaching the official secrets act in the course of their reporting on the military’s persecution of Rohingya Muslims.

On Monday 12 November 2018, McGowan J will hear an application in the case of ABC v Google LLC.

On Tuesday 13 November 2018 there will be a hearing in the Privy Council of an Isle of Man libel appeal, Nugent v Willers. there will be a PTR in the case of ZXC v Bloomberg (which is listed for trial on 26 November 2018 with an estimate of 4 days). [Adjourned]

As already mentioned, the Lachaux appeal will be heard by the UK Supreme Court on 13 and 14 November 2018.

On 14 November 2018 there will be a PTR in the case of Bloor v Beresford.

Judgments

The following reserved judgments after public hearings in media law cases are outstanding: